Indiana

FIVE DAYS AND COUNTING

By Abdul Hakim-Shabazz

This is the last week of the Indiana General Assembly and the only thing all sides in the property tax debate are saying is that they are still talking. I’m hearing rumblings that a breakthrough is being reached, but so far that is just rumblings.

The only “big” news this morning is that Republican State Senator Mike Delph and Democratic State Representative Vern Tincher say they’ve reached a compromise on an immigration reform bill and they hope that it will make into a conference committee report by the end of the week.

The bill would, among other things, restore language creating penalties for individuals who are found guilty of transporting, shielding from detection, concealing or harboring an illegal alien for commercial or financial gain; Allow public contracts to be terminated with contractors or sub-contractors who knowingly employ illegal immigrants; Require the Superintendent of Indiana State Police to enter into a memorandum of understanding for a pilot project for the training and enforcement of federal immigration and custom laws; Authorize the Indiana Attorney General to investigate a complaint that an employer knowingly employed an illegal immigrant and to initiate administrative proceedings against an employer who is employing illegal immigrants before an Administrative Law Judge; Change the time frame for second and third offense from five years to seven years.

Delph says these changes are necessary because Hoosiers want something done about illegal immigration, however the changes Delph wants may come with built in constitutional challenges.  First, only the federal government can make the determination as to who is an illegal immigrant, not the states.   The State Labor Department does not determine the legal status of employees.

Secondly, the legislation requires employers to use the E-verify program to determine employee status.  The problem with E-verify opponents say is that you are forced to waive your 4th Amendment search and seizure rights.  It’s one thing to waive your rights in a voluntary, contractual capacity, but it’s another to require an employer waive their rights.

Third, there are several types of businesses that are exempt from the legislation; some corporations, not-for-profit groups, public utilities and hospitals.  That could lead to some equal protection issues.

In addition bill supporters point to a recent Arizona court ruling pointing to similar law being upheld in that state, which is now before the 9th Circuit Court of Appeals.  However the federal courts in central Pennsylvania struck down a similar law.

Full post as published by Indiana Barrister on March 10, 2008 (boomark / email).